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But after the local band council applied for a judicial review of her Canadian Human Rights Tribunal case late last week, the mother of two is quickly losing hope her gender discrimination case will ever be resolved.

“I’m discouraged, big time,” Marshall-Tabor told the Star Wednesday. “They’re pretending like nothing has happened. I’m still sitting here, bored, not fishing, struggling. The band will keep doing whatever it takes to not have me in the fishery.”

The tribunal found that Marshall-Tabor faced discrimination as a woman, and was frequently passed over for fishing boat positions in favour of male candidates, some of whom were less qualified than she was.

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It said Marshall-Tabor was subjected to derogatory remarks, citing an instance when a senior band member said “the only place for women’s breasts on a boat was on the bow as a figurehead.”

On May 29, a month after the tribunal’s decision, the Millbrook band council applied for a judicial review of the ruling at the Federal Court of Canada.

“The band fully respects the important work of the tribunal, but it’s disappointed with the tribunal’s decision,” said Gary Giles, a lawyer representing Millbrook.

Giles told the Star the federal review process involves sending transcripts of the evidence heard by the tribunal to the court, and submitting affidavits and briefs from both sides.

He said he expected the documents to be filed over the summer, and for a hearing to be held between Thanksgiving and the end of the year.

In its ruling, the tribunal stated that both parties had agreed to try to resolve the issue of damages between themselves. Since this has not happened, the tribunal retains jurisdiction over the matter of damages.

“I wouldn’t say it’s been put aside,” Giles said, when asked if talks to reach a settlement were taking place between the band and Marshall-Tabor. “But the band’s concentration is preparing its case for judicial review.”

Marshall-Tabor’s lawyer, Gary Richard, said a conference call would be held later this week to set dates for a hearing on damages.

The parties also expect the tribunal to rule on Marshall-Tabor’s claim that she was subjected to retaliation as a result of bringing the discrimination case forward, Richard said. He accused Millbrook officials of resisting efforts to deal with the matter promptly.

“I don’t think I’m being unfair at all in saying that the band has resisted at every opportunity any efforts to reconcile the positions of the parties in a way that does not involve litigation,” Richard told the Star.

The band’s judicial review application, he said, “is entirely predictable given the attitude of the band towards Ms. Tabor. It doesn’t surprise me that they will litigate this thing through to the bitter end before accepting any responsibility.”

Marshall-Tabor said after the tribunal’s April 29 decision she was invited to a Millbrook fisheries meeting, which outlined a new drug and alcohol testing policy. “I thought, ‘Oh great, they’re going to let me participate.’ I never heard another goddamn thing,” she said.

Marshall-Tabor added that she was losing hope she would ever be able to work in the community.

“I want this over and done with. I want them to fess up to what they did, their actions,” she told the Star, a few days before she found out about the judicial review.

“I want . . . a public apology. I’ll never get it, but at least if they deal with this, then I can move on too because right now I can’t.”

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